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GATHERS v. NEW YORK CITY TRANSIT AUTH.

242 A.D.2d 506 (1997)

662 N.Y.S.2d 493

John M. Gathers, Respondent-Appellant, v. New York City Transit Authority, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

September 30, 1997

There was no valid line of reasoning and permissible inferences that could possibly have led rational jurors to a finding of liability (Cohen v Hallmark Cards, 45 N.Y.2d 493). The only support for the finding of negligence by the defendant in the operation of the train was the testimony of plaintiff and his engineering expert. There were no eyewitnesses to the alleged incident, although plaintiff asserted it occurred at about 5:20...

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